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SHOWROOM Ltd. WEBSITE TERMS OF SERVICE
Last Updated: These Terms of Service were last updated on June 27th, 2019.
These Terms of Service (“Terms of Service”) of SHOWROOM Ltd. (“us” or “we”) govern your use of our website, www.wer-showroom.com (“Website”). For policies related to your order and/or purchase (“Purchase Terms”) of the weR™ herby ROLLER
CANNABISTS Medical Group Ltd. WEBSITE TERMS OF SERVICE
Last Updated: These Terms of Service were last updated on June 27th, 2019.
These Terms of Service (“Terms of Service”) of CANNABISTS Medical Group Ltd. (“us” or “we”) govern your use of our website, www.wer-cannabists.com (“Website”). For policies related to your order and/or purchase (“Purchase Terms”) of the weR™ herby ROLLER
CANNABISTS Medical Group Ltd. WEBSITE TERMS OF SERVICE
Last Updated: These Terms of Service were last updated on June 27th, 2019.
These Terms of Service (“Terms of Service”) of CANNABISTS Medical Group Ltd. (“us” or “we”) govern your use of our website, www.wer-cannabists.com (“Website”). For policies related to your order and/or purchase (“Purchase Terms”) of the weR™ ROLLER (“weR™ ROLLER”), please visit the Website at www.wer-cannabists.com. By accessing or using the Website, you expressly accept all of the provisions of these Terms of Service and represent to us that you are at least twenty-one (21) years of age and are legally competent to enter into and agree to these Terms of Service. If you do not accept these Terms of Service, then you are not authorized to use the Website or the App. THESE TERMS OF SERVICE INCLUDE: (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICE OR THE APP.
THESE PURCHASE TERMS WAIVE SUBSTANTIAL RIGHTS AND INCLUDE A RELEASE OF LIABILITY AND A LIMITATION OF DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE THE RIGHT TO REVIEW THIS AGREEMENT WITH AN ATTORNEY. YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ THIS ENTIRE DOCUMENT AND THAT YOU ARE AWARE THAT YOU HAVE GIVEN UP SUBSTANTIAL RIGHTS BY SIGNING THE AGREEMENT. YOU HAVE NO OBLIGATION TO ORDER weR™ ROLLER, USE THE WEBSITE OR SIGN THESE TERMS OF SERVICE, BUT YOU ARE DOING SO VOLUNTARILY. YOUR ORDER OF weR™ ROLLER, USE OF THE WEBSITE IS EXPRESSLY SUBJECT TO YOUR ACCEPTANCE OF THESE TERMS OF SERVICE, AND YOU WILL NOT ORDER weR™ ROLLER, USE THE WEBSITE OR UNLESS AND UNTIL YOU HAVE ACCEPTED THE TERMS AND CONDITIONS SET FORTH IN THE PURCHASE TERMS AND THESE TERMS OF SERVICE.
ABOUT CANNABISTS Medical Group Ltd.; ACKNOWLEDGEMENTS. 1.1 What CANNABISTS Medical Group Ltd. does: CANNABISTS Medical Group Ltd. distributes weR™ ROLLER, a unique system designed for customers for rolling a cone and prepare a tobacco cigarette, a joint or herb cigarette. weR™ ROLLER is integrated with a herb storage and filling funnel for preparing the cone-cigarette. Some Herbs are considered a schedule I controlled substance under the United States Controlled Substances Act, 21 USC § 801, et seq., and, therefore, the possession, consume and distribution thereof is federally illegal and can result in significant criminal and civil penalties. Any herbs and substances you choose to use with or without weR™ ROLLER is at your own risk. 1.2 State Law. You may only place an order to purchase weR™ ROLLER, use the Website in accordance with the laws of the jurisdiction in which you will use weR™ ROLLER or the Website. At all times, your use of weR™ ROLLER will be governed by the laws of the jurisdiction in which you use weR™ ROLLER or the Website. We reserve the right to reject your requested order of weR™ ROLLER for any reason, including, but not limited to our determination that use of weR™ ROLLER or the Website is not permitted under the laws of your jurisdiction.
1.3 Federal Law. Although many states have legalized some form of herbs, the cultivation, manufacture, distribution and possession of herbs and assisting with or conspiring to do the same remains illegal under federal law, and CANNABISTS Medical Group Ltd. has made no representation to the contrary. It is your responsibility to ensure compliance with the laws of the jurisdiction in which you use weR™ ROLLER or the Website. CANNABISTS Medical Group Ltd. has no obligation to defend, release or hold you harmless from any civil, criminal, or administrative investigations, proceedings or penalties that may result from your use of weR™ ROLLER or the Website. It is federally illegal to take or transfer across state or international borders any federally illegal substance. Additionally, it is unlawful to transfer weR™ ROLLER across state or international borders.
1.4 Assumption of Risk. I assume all risks known and unknown, foreseeable and unforeseeable, in any way connected with my use of weR™ ROLLER or the Website. I accept personal responsibility for any liability, injury, hospitalization or other medical treatment, loss, death, criminal arrest or prosecution, or damage in any way connected with my use of weR™ ROLLER, or the Website. I retain sole responsibility for ensuring my actions are compliant with applicable laws. I waive all claims against CANNABISTS Medical Group Ltd., its owners, officers, employees, successors, agents and assigns, arising out of any activities I choose to undertake. I fully comprehend and accept all of the risks associated with my use of weR™ ROLLER or the Website.
YOUR ACCOUNT. 2.1 Regardless of whether you order, purchase, own or use weR™ ROLLER, these Terms of Service govern your use of weR™ ROLLER or the Website, in addition to any Purchase Terms applicable to you.
2.2 Age and Account Requirements. To order weR™ ROLLER or access the Website, you must be at least twenty-one (21) years of age. The purchase requires you to provide certain information, including, but not limited to, your name, date of birth and email address. You are responsible for providing us with and maintaining accurate contact information, including your name, email address, address, and phone number, and any other information we may reasonably require.
2.3 Account Activities. You are the sole authorized user of your Account/ personal Data, and you are responsible for maintaining the accuracy and confidentiality of your personal information. You are solely and fully responsible for all activities that occur under your Account. CANNABISTS Medical Group Ltd. has no control over the use of your or any other user’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your Account or you suspect any other breach of security, you will cease all use and contact us immediately by emailing info@wer-cannabists.com.
2.4 Privacy Policy. 1.1 Our practices regarding privacy and communicating with those using weR™ ROLLER or the Website are described in our Privacy Policy, which is available on the Website. Please review our Privacy Policy to learn about what information we collect from you, how we use and share it and how we communicate with our users.
APP LICENSE AND RESTRICTIONS; OWNERSHIP. 3.1 License Grant. Subject to your compliance with these Terms of Service, we hereby grant you a personal, non-exclusive, non-transferable, revocable, limited license (without the right to sublicense) to download, install, access and use Website solely on devices that you own or control, for your personal use only, and subject to the limitations set forth below. These Terms of Service are limited to the intellectual property rights of CANNABISTS Medical Group Ltd. and its licensors and do not include any rights to other intellectual property. We reserve any and all rights not expressly granted to you pursuant to these Terms of Service. The limited rights granted to you to access and use the Website comprises a limited license and does not constitute the sale of any software program.
3.2 Fees. CANNABISTS Medical Group Ltd. does not currently charge end users any fees for use of the Website, though we reserve the right to do so in the future if permitted by applicable state law. CANNABISTS Medical Group Ltd. will notify users prior to charging any fees for use of the Website.
3.3 Use Restrictions. (a) You agree that: (1) you will not use weR™ ROLLER or the Website if you are not fully able and legally competent to agree to these Terms of Service; (2) you will only use the weR™ ROLLER or the Website in full compliance with the laws and regulations of the jurisdiction in which you use weR™ ROLLER or the Website and all applicable federal laws, excepting only for federal laws and regulations related to herbs, in which case you will use weR™ ROLLER in accordance with guidance then issued by the Department of Justice (collectively “Law”); (3) you will not use weR™ ROLLER or the Website for sending or storing any material prohibited by the Law or for fraudulent purposes or to engage in any offensive, indecent or objectionable conduct; (4) you will not use weR™ ROLLER or the Website to advertise, solicit or transmit commercial advertisements, including “spam”; (5) you will not use weR™ ROLLER or the Website to cause nuisance, annoyance or inconvenience; (6) you will keep secure and confidential your account password or any identification we provide you which allows access to weR™ ROLLER or the Website; and (7) you will provide us with whatever proof of identity and other necessary verification documents as we may reasonably request.
(b) Further, except as specifically permitted herein, you agree that you will not directly or indirectly: (1) distribute, sell, assign, encumber, transfer, rent, lease, loan, sublicense, modify, time-share or otherwise exploit weR™ ROLLER or the Website in any unauthorized manner; (2) use weR™ ROLLER or the Website in any service bureau arrangement; (3) copy, reproduce, adapt, create derivative works of, translate, localize, port or otherwise modify weR™ ROLLER or the Website or any part thereof in any form or manner or by any means; (4) harvest or scrape any content or data from weR™ ROLLER or the Website; (5) remove or alter any copyright or other proprietary rights’ notice or restrictive rights legend contained or included in weR™ ROLLER or the Website; (6) decompile, disassemble, reverse compile, reverse assemble, reverse translate or otherwise reverse engineer any part of weR™ ROLLER or the Website, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law); (7) use any means to discover the technical detaisl, specifications or source code of any portion of weR™ ROLLER or the Website (8) otherwise circumvent any functionality that controls access to or otherwise protects weR™ ROLLER or the Website; or (9) permit any third party to engage in any of the foregoing. Any attempt to do any of the foregoing is a violation of the rights of CANNABISTS Medical Group Ltd. and its licensors. If you breach these restrictions, your limited license granted herein shall immediately terminate and you may be subject to prosecution and damages.
3.4 Ownership. 1.1 weR™ ROLLER or the Website and their respective content, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under intellectual property, copyright, trademark and other laws. You acknowledge and agree that CANNABISTS Medical Group Ltd. and/or its licensors own all right, title and interest in and to the Website (including without limitation any and all patent, copyright, trade secret, trademark, show-how, know-how and any and all other intellectual property rights therein or related thereto), and that CANNABISTS Medical Group Ltd. owns all intellectual property associated with weR™ ROLLER despite your ownership and possession of the weR™ ROLLER itself, and you agree not to take any action(s) inconsistent with such ownership interests. You do not acquire any rights or licenses under any of CANNABISTS Medical Group Ltd.’s (or its licensors’) patents, patent applications, copyrights, trade secrets, trademarks or other intellectual property rights on account of these Purchase. Any and all: (1) suggestions for correction, change and modification to weR™ ROLLER or the Website and other feedback (including, but not limited to, quotations of written or oral feedback), information and reports your provide to CANNABISTS Medical Group Ltd. (collectively “Feedback”); and all (2) improvements, updates, modifications or enhancements, whether made, created or developed by CANNABISTS Medical Group Ltd. or otherwise relating to weR™ ROLLER or the Website (collectively, “Revisions”), are and will remain the property of CANNABISTS Medical Group Ltd.. You acknowledge and expressly agree that any contribution of Feedback or Revisions does not and will not give or grant you any right, title or interest in the Website, or any of the intellectual property rights associated with weR™ ROLLER, or in any such Feedback or Revisions. All Feedback and Revisions become the sole and exclusive property of CANNABISTS Medical Group Ltd. and CANNABISTS Medical Group Ltd. may use and disclose Feedback and/or Revisions in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to CANNABISTS Medical Group Ltd. any and all right, title and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback and Revisions. At CANNABISTS Medical Group Ltd.’s request, you will execute any document, registration or filing required to give effect to the foregoing assignment.
3.5 User Content License Grant. weR™ ROLLER or the Website may request that you to rate (on a five-star scale) weR™ ROLLER or the Website. You will also have the option to submit written feedback regarding weR™ ROLLER or the Website. As a condition of your use of weR™ ROLLER or the Website, you hereby grant to CANNABISTS Medical Group Ltd. a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, reproduce, transmit, display, publish, distribute, modify and adapt and create derivative work from any content that you post, upload, publish, submit or transmit to be made available through weR™ ROLLER or the Website (“Your Content”). By posting or submitting Your Content through weR™ ROLLER or the Website, you represent and warrant: (1) that you own or otherwise control all of the rights to Your Content, including, without limitation, all copyrights; (2) that Your Content is accurate; and (3) that use of Your Content does not violate these Terms of Service or our Privacy Policy and will not cause injury to any person or entity. We take no responsibility and assume no liability for any content or materials submitted or posted through weR™ ROLLER or the Website, including any forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY OF YOUR CONTENT THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE WEBSITE.
3.6 Notice of Infringement; Digital Millennium Copyright Act.
(a) Anyone who believes that his or her work has been reproduced on the Website in a manner which constitutes copyright infringement may submit a notification to CANNABISTS Medical Group Ltd.’s copyright agent in accordance with the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing: (1) identification of the copyrighted work that is claimed to be infringed; (2) identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Website; (3) information for our copyright agent to contact you, such as an address, telephone number, and, if available, e-mail address; (4) a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law; (5) a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and (6) a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed. If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, “trademark”) by notating this in your written notice. You acknowledge that if you fail to comply with all of the requirements for a notice of infringement as specified above, your DMCA notice may not be valid.
(b) Notices of copyright infringement claims should be sent by mail to: CANNABISTS Medical Group Ltd., 48 Stella Maris Street, SLM 1765, Sliema, Malta or by email to info@wer-cannabists.com. We will respond expeditiously to claims of copyright infringement using the email that are reported to our copyright agent in the notification explained above. It is our policy, in appropriate circumstances and at its discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.
(c) If you believe that any of Your Content that was removed (or to which access was disabled) after we received a notice of copyright infringement is not actually infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such content, you may send a counter-notice containing the following information to our copyright agent: (1) your physical or electronic signature (with your full legal name); (2) identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled; (3) a statement that you have a good faith belief, under penalty of perjury, that the content was removed or disabled as a result of mistake or a misidentification of the content; and (4) your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
(d) If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it. Unless the original complaining party files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in ten (10) business days or more after receipt of the counter-notice, at our sole discretion. Please understand that filing a counter-notification may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation by using this process.
(e) (a) Further information on the DMCA can be found in 17 U.S.C. 512 or on the United States Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
4.WARRANTY DISCLAIMER; LIMITATION OF LIABILITY.
5.1 Warranty Disclaimer. THE WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND CANNABISTS Medical Group Ltd. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. CANNABISTS Medical Group Ltd. DOES NOT WARRANT THAT: (1) THE WEBSITE WILL MEET YOUR REQUIREMENTS; (2) OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED OR VIRUS- OR ERROR-FREE; (3) THE WEBSITE WILL OPERATE OR BE COMPATIBLE WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; OR (4) DEFECTS IN THE WEBSITE CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE WEBSITE, AND ANY THIRD PARTY PRODUCTS, GOODS OR SERVICES REMAINS SOLELY WITH YOU.
5.2 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CANNABISTS Medical Group Ltd. BE LIABLE TO YOU OR ANY THIRD PARTY FOR LOSS OF PROFITS, REVENUE OR INCOME, OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING FROM OR RELATED TO THESE TERMS OF SERVICE OR THE USE OR INABILITY TO USE THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CANNABISTS Medical Group Ltd.’S TOTAL AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE REGARDING USE OR INABILITY TO USE THE WEBSITE or the weR™ ROLLER, WHETHER BASED ON BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF: (1) THE AMOUNTS, IF ANY, YOU PAY TO CANNABISTS Medical Group Ltd. UNDER THESE TERMS OF SERVICE FOR USE OF THE WEBSITE; OR (II) FIVE DOLLARS ($5.00). BY ACCESSING THE WEBSITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED.
5.3 Indemnity. By agreeing to these Terms of Service and using weR™ ROLLER or the Website, you agree that you shall defend, indemnify and hold CANNABISTS Medical Group Ltd., its licensors and their respective parent organizations, subsidiaries, affiliates, officers, directors, members, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (1) your violation or breach of any term of these Terms of Service or any applicable law or regulation; (2) your violation of any rights of any third party; (3) any unauthorized use of weR™ ROLLER or the Website; (4) your negligence or willful misconduct; or (4) your use of weR™ ROLLER or the Website. ARBITRATION AND CLASS ACTION WAIVER. 6.1 Binding Arbitration. Any dispute or claim arising in any way from your use of weR™ ROLLER or the Website, except for disputes relating to the infringement of our intellectual property rights or the access or use of weR™ ROLLER or the Website in violation of these Terms of Service, will be resolved by binding arbitration, rather than in court.
6.2 No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms of Service as a court would.
6.3 Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org.
6.4 Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: 48 Stella Maris Street, 1765 SLM, Sliema, Malta. CANNABISTS Medical Group Ltd. will send any notice of dispute to you at the contact information we have for you.
6.5 Format of Proceedings. The arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
6.6 Fees. 1.1 If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, CANNABISTS Medical Group Ltd. will pay all other AAA and arbitrator’s fees and expenses.
6.7 Individual Basis. To the fullest extent permitted by applicable law, you and CANNABISTS Medical Group Ltd. each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and CANNABISTS Medical Group Ltd. each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
6.8 Limitation Period. In no event shall any claim, action or proceeding by you or CANNABISTS Medical Group Ltd. be instituted more than one (1) year after the cause of action arose.
6.9 Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability.
6.10 Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and CANNABISTS Medical Group Ltd. each agree to the exclusive jurisdiction of a State court of competent jurisdiction located in Sliema, Malta, and you and CANNABISTS Medical Group Ltd. each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
6.11 Opting Out. If you do not want to arbitrate disputes with CANNABISTS Medical Group Ltd. and you are an individual, you may opt out of this arbitration agreement by sending an email to info@wer-cannabists.com within thirty (30) days of the first of the date you access or use weR™ ROLLER or the Website.
GENERAL PROVISIONS. 7.1 Termination. If you breach any of the terms of these Terms of Service, all licenses granted by us, including permission to use the Website and the App, will terminate automatically. Additionally, we may suspend, disable, or delete your Account or the Website (or any part of the foregoing) with or without notice, for any or no reason. If we delete your Account for any suspected breach of these Terms of Service by you, you are prohibited from re-registering for the Website under a different name. All sections which by their nature should survive the termination of these Terms of Service shall continue in full force and effect subsequent to and notwithstanding any termination of this Agreement by CANNABISTS Medical Group Ltd. or you. Termination will not limit any of CANNABISTS Medical Group Ltd.’s other rights or remedies at law or in equity.
7.2 Injunctive Relief.You agree that a breach of these Terms of Service will cause irreparable injury to CANNABISTS Medical Group Ltd. for which monetary damages would not be an adequate remedy and CANNABISTS Medical Group Ltd. shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.
7.3 Notices. We may give notice to you by means of a general notice on the Website, electronic mail, or by written communication sent by first class mail or pre-paid post. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing or posting (if sent by first class mail or pre-paid post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice shall be deemed given when received by us) at any time by sending an email to info@wer-cannabists.com. Please specify the reason for the email in the subject line so it can be forwarded to the proper department.
7.4 Miscellaneous. These Terms of Service may not be modified except by a writing executed by the duly-authorized representatives of CANNABISTS Medical Group Ltd. or pursuant to Section 7.5 of these Terms of Service. No other act, document, usage or custom will be deemed to modify or amend these Terms of Service. These Terms of Service will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms of Service and the licenses granted hereunder may be assigned by CANNABISTS Medical Group Ltd. but may not be assigned by you without the prior express written consent of CANNABISTS Medical Group Ltd.. Any attempt by you to assign these Terms of Service without the written consent of CANNABISTS Medical Group Ltd. shall be null and void. If any provision hereof is or becomes, at any time or for any reason, unenforceable or invalid, no other provision hereof will be affected thereby and the remaining provisions will continue with the same effect as if such unenforceable or invalid provisions will not have been inserted herein; provided that the ability of either party to obtain substantially the bargained-for performance of the other will not have thereby been impaired. It is expressly understood that in the event either party on any occasion fails to perform any term hereof and the other party does not enforce that term, the failure to enforce on any occasion will not constitute a waiver of any term and will not prevent enforcement on any other occasion. Nothing contained in these Terms of Service will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. In the event that either party is prevented from performing, or is unable to perform, any of its obligations under these Terms of Service due to any cause beyond the reasonable control of the party invoking this provision, the affected party’s performance will be extended for the period of delay or inability to perform due to such occurrence. The headings and captions contained herein will not be considered to be part of the Terms of Service but are for convenience only. You and CANNABISTS Medical Group Ltd. agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms of Service. The laws of the republic of Malta, excluding any conflicts and choice of law rules, exclusively govern these Terms of Service and your use of weR™ ROLLER or the Website. Your use of, the Website may also be subject to other local, state, national, or international laws.
7.5 Modifications. We may occasionally update these Terms of Service. When we do update these Terms of Service, we will also revise the “Last Updated” date at the top of these Terms of Service. If we make changes to these Terms of Service that, in our discretion, we consider significant, we will post the updated Terms of Service and we may also send emails to our users who have created an Account containing a link to the revised Terms of Service. If you continue to use the Website after we post an update to these Terms of Service, you indicate your acceptance of the updated Terms of Service. However, provisions of the Purchase Terms at the time of your order of weR™ ROLLER shall apply with respect to weR™ ROLLER itself.
7.6 Contact Us. If you have any questions regarding these Terms of Service, weR™ ROLLER or the Website please contact us at info@wer-cannabists.com.
© All Rights Reserved to CANNABISTS Medical Group Ltd.
Last Updated: June 29th, 2019
These Purchase Terms (“Purchase Terms”) are a legal agreement between you and CANNABISTS Medical Group Ltd. ( “we”, “our” or “us”) governing your purchase of products ( the “Site“). These Purchase Terms are governed by and incorporated into the CANNABISTS Medical Group Ltd. Innovations Terms of Service located at https://www.wer-cannabists.com/terms.html (“Terms of Service”). To the extent there is a conflict between these Purchase Terms and the Terms of Service, these Purchase Terms will govern with respect to the purchase of CANNABISTS Medical Group Ltd. products, and the Terms of Service will control with respect to all other matters
YOUR PURCHASE OF PRODUCTS FROM THE SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE PURCHASE TERMS, THE TERMS OF SERVICE, AND ANY ADDITIONAL TERMS WE PROVIDE, INCLUDING BUT NOT LIMITED TO THE TERMS OF ANY THE LIMITED WARRANTY INCLUDED IN-BOX WITH ANY PRODUCT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE PURCHASE TERMS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Purchase Terms at any time, so please review these Terms each time prior to making a purchase from the Site. Every time you order Products from the Site, the Purchase Terms in force at that time will apply between you and CANNABISTS Medical Group Ltd.. The Site is for retail sales to private consumers only.
1. Fees and Payment. The fees for the Products are posted on the Site. Fees are subject to change without notice. You agree to pay CANNABISTS Medical Group Ltd. in advance the applicable fees for the Products provided by CANNABISTS Medical Group Ltd. under these Purchase Terms. CANNABISTS Medical Group Ltd. will bill your credit card or other agreed upon payment method for all fees. You will provide CANNABISTS Medical Group Ltd. with accurate and complete billing information including legal name, address, telephone number, and credit card or debit card billing information. If such information is false or fraudulent, CANNABISTS Medical Group Ltd. reserves the right to cancel your order for Products in addition to seeking any other legal remedies. CANNABISTS Medical Group Ltd. is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by CANNABISTS Medical Group Ltd.. Each charge will be considered valid unless disputed by you in writing within thirty (30) days after the billing date. No adjustments will be made for disputed charges made more than thirty (30) days after the billing date. All fees will be paid in U.S. dollars or Euro € and are due as set forth on the Site. CANNABISTS Medical Group Ltd.’s fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you will be responsible for payment of all such taxes, levies, or duties, based solely on CANNABISTS Medical Group Ltd.’s income. By providing a credit card or other payment method accepted by CANNABISTS Medical Group Ltd., you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order.
2. Orders All orders on the Site for Products are subject to CANNABISTS Medical Group Ltd.’s acceptance. If CANNABISTS Medical Group Ltd. rejects your order, CANNABISTS Medical Group Ltd. will, as your sole and exclusive remedy and CANNABISTS Medical Group Ltd.’s sole and exclusive liability, refund the amount you paid for the Product.
3. Reservations and Pre-Orders. Products available for reservation and pre-order are not offers for sale by CANNABISTS Medical Group Ltd.. Your placement of a reservation and pre-order does not create a contract for sale. For each reservation and pre-order Product, we will provide our estimated shipping date. By placing a reservation and pre-order for a Product that is not yet available for sale, you make an offer to CANNABISTS Medical Group Ltd. to purchase the Product subject to these Purchase Terms. CANNABISTS Medical Group Ltd. may require an advance deposit to be made at the time you place the reservation and pre-order (“Deposit”). You may cancel your offer to purchase Products at any time prior to shipment by emailing us as info@wer-cannabists.com and you will be refunded any amounts paid for the Product. Later, when the Product is offered for sale, CANNABISTS Medical Group Ltd. may accept your offer to purchase Products subject to these Purchase Terms. At that time, CANNABISTS Medical Group Ltd. will bill you for any additional fees applicable to such purchase. CANNABISTS Medical Group Ltd. reserves the right to cancel or refuse any order for any reason at any time prior to shipment, including after an order has been submitted, whether or not the order has been confirmed. We may attempt to contact you if all or a portion of your order is cancelled, or if additional information is needed to complete and accept your order. In the event that CANNABISTS Medical Group Ltd. cancels an order, it will refund to you any Deposit provided in connection with such order. In the event that CANNABISTS Medical Group Ltd. accepts your offer but you fail to provide information necessary for the shipment of the Product, CANNABISTS Medical Group Ltd. will use reasonable efforts to contact you. In the event you fail to provide such information within ninety (90) days following CANNABISTS Medical Group Ltd.’s commencement of such efforts, your Deposit will be deemed forfeited. If you have any questions, comments, or concerns regarding CANNABISTS Medical Group Ltd.’s pre-order acceptance policy, or if you believe that your pre-order was rejected in error, please contact CANNABISTS Medical Group Ltd. at info@wer-cannabists.com.
4. Availability and Pricing. All Products offered on the Site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice. Prices for the Products are subject to change at any time, but changes will not affect any order for Products you have already placed.
5. Sales Tax. European Union: Cannabists Medical Group Ltd. Calculates and charges sales tax in accordance with applicable laws. Any applicable sales tax or similar charges will be added to the prices listed for the Products.
Others than the European Union: Cannabists Medical Group Ltd. Does not calculate and does not charge sales tax in accordance with applicable laws in the place of destination (of the buyer). There is not added any applicable sales tax or similar charges to the prices listed for the Products. The buyer takes own responsibility for any applicable sales tax, similar charges and for customs duties and customs clearance fees of the goods.
6. Resale and Title Transfer. Purchases made on the Site are intended for end users only, and are not authorized for resale. Title for Products purchased from the Site passes to the purchaser at the time of delivery by CANNABISTS Medical Group Ltd. to the freight carrier, but CANNABISTS Medical Group Ltd. and/or the freight carrier will be responsible for any Product loss or damage that occurs when the Product is in transit to you.
7. Shipping and Delivery. Prices for the Products do not include shipping costs. Our delivery charges and methods are as described on the Site from time to time. For Product reservations and pre-orders, you understand that the Products are not ready for delivery. The estimated shipping date for such Products will be as described on the Site, but may be substantially later. Any shipping date is an estimate only, and the actual shipping date for any accepted pre-order will depend on a variety of factors including manufacturing schedule, and the dates of your pre-order, your completed pre-order, and when we accept your completed pre-order. Commencement of shipping is subject to change without notice to you.
8. Warranties and Disclaimers. We may provide a Limited Warranty in connection with the Products. The Limited Warranty, if applicable, will be described on the Site or provided with the Product. As far as permitted by applicable law and except as provided herein, the Site, and all content available on the Site, is provided on an “as-is” basis without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose. All Products purchased through the Site are provided on an “as-is” basis unless expressly stated otherwise in writing. You use any Products at your own discretion and risk. You will be solely responsible for (and CANNABISTS Medical Group Ltd. disclaims) any and all loss, liability or damages resulting from your use of a Product. CANNABISTS Medical Group Ltd. does not guarantee or promise any specific results in connection with your use of the Product.
9. Limitation of Liability; Indemnity. Nothing in these Purchase Terms and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) CANNABISTS Medical Group Ltd. BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF CANNABISTS Medical Group Ltd. KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) CANNABISTS Medical Group Ltd.’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO CANNABISTS Medical Group Ltd. FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM.
You agree to indemnify, and hold CANNABISTS Medical Group Ltd., its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (a) your access to or use of the Products; (b) your violation of these Purchase Terms or the Terms of Service; (c) your violation of any local, state, or federal law, rule or regulation.
10. Notifications. CANNABISTS Medical Group Ltd. may provide notifications to you as required by law or for marketing or other purposes via (at its option) email to the primary email associated with your CANNABISTS Medical Group Ltd. account, hard copy, or posting of such notice on the CANNABISTS Medical Group Ltd. website. CANNABISTS Medical Group Ltd. is not responsible for any automatic filtering you or your network provider may apply to email notifications. CANNABISTS Medical Group Ltd. is located in Sliema, Malta. Any questions, comments or suggestions, including any report of violation of these Purchase Terms should be provided to as follows: By E-mail: info@wer-cannabists.com By Postal Mail: 48 Stella Maris Street, 1765 SLM, Sliema, Malta
11. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by an act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster, failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
12. Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, CANNABISTS Medical Group Ltd. may seek injunctive or other equitable relief to protect its confidential information and intellectual property rights or to prevent loss of data or damage to its servers in any court of competent jurisdiction.
13. Severability. If any part of these Purchase Terms becomes illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity or enforceability of the remainder of these Purchase Terms will remain in full force and effect.
14. Survivability. The obligations in Sections 8 through 17 will survive any expiration or termination of these Terms.
15. Waiver. Failure or delay by us to enforce these Purchase Terms will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
16. Applicable Law and Dispute Resolution. Binding Arbitration. Any dispute or claim arising in any way from your use of the Product, except for disputes relating to the infringement of our intellectual property rights or the access or use of the Product in violation of these Purchase Terms, will be resolved by binding arbitration, rather than in court. No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Purchase Terms as a court would.
Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org. Starting an Arbitration. To begin an arbitration proceeding, you must send us a notice of dispute, in writing, setting forth your name, address and contact information, the facts of the dispute and relief requested. You must send your notice of legal dispute to us at the following address: 48 Stella Maris Street, 1765 SLM, Sliema, Malta. CANNABISTS Medical Group Ltd. will send any notice of dispute to you at the contact information we have for you. Format of Proceedings. The arbitration shall be conducted in English and, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, CANNABISTS Medical Group Ltd. will pay all other AAA and arbitrator’s fees and expenses. Individual Basis. To the fullest extent permitted by applicable law, you and CANNABISTS Medical Group Ltd. each agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, you and CANNABISTS Medical Group Ltd. each waive any right to a jury trial. As a result, PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS.
Limitation Period. Except for disputes relating to the infringement of our intellectual property rights or the access or use of the Product in violation of these Purchase Terms, in no event shall any claim, action or proceeding by you or CANNABISTS Medical Group Ltd. be instituted more than one (1) year after the cause of action arose. Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods shall have no applicability. Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, or if a dispute arising that does not qualify for arbitration hereunder, you and CANNABISTS Medical Group Ltd. each agree to the exclusive jurisdiction of a State court of competent jurisdiction located in Sliema, Malta and you and CANNABISTS Medical Group Ltd. each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
Opting Out. If you do not want to arbitrate disputes with CANNABISTS Medical Group Ltd. and you are an individual, you may opt out of this arbitration agreement by sending an email to info@wer-cannabists.com within thirty (30) days of the first of the date you purchase a Product.
17. Miscellaneous. These Purchase Terms may not be modified by you except by a writing executed by the duly-authorized representatives of CANNABISTS Medical Group Ltd.. Except as provided herein, no act, document, usage or custom will be deemed to modify or amend these Purchase Terms. These Purchase Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Purchase Terms and the licenses granted hereunder may be assigned by CANNABISTS Medical Group Ltd. but may not be assigned by you without the prior express written consent of CANNABISTS Medical Group Ltd.. Any attempt by you to assign these Purchase Terms without the written consent of CANNABISTS Medical Group Ltd. shall be null and void. Nothing contained in these Purchase Terms will be deemed to constitute either party as the agent or representative of the other party or both parties as joint venturers or partners for any purpose. The headings and captions contained herein will not be considered to be part of the Purchase Terms but are for convenience only.
Cookie Policy for www.wer-cannabists.com This is the Cookie Policy for www.wer-cannabists.com, accessible from https://www.wer-cannabists.com What Are Cookies As is common practice with almost all professional websites this site uses cookies, which are tiny files that are downloaded to your computer, to improve your experience. This page describes what information they gather, how we use it and why we sometimes need to store these cookies. We will also share how you can prevent these cookies from being stored however this may downgrade or 'break' certain elements of the functionality of the site. For more general information on cookies see the Wikipedia article on HTTP Cookies. How We Use Cookies We use cookies for a variety of reasons detailed below. Unfortunately, in most cases, there are no industry standard options for disabling cookies without completely disabling the functionality and features they add to this site. It is recommended that you leave on all cookies if you are not sure whether you need them or not in case they are used to provide a service that you use. Disabling Cookies You can prevent the setting of cookies by adjusting the settings on your browser (see your browser Help for how to do this). Be aware that disabling cookies will affect the functionality of this and many other websites that you visit. Disabling cookies will usually result in also disabling certain functionality and features of this site. Therefore it is recommended that you do not disable cookies. The Cookies We Set Email newsletters related cookies This site offers a newsletter or email subscription services and cookies may be used to remember if you are already registered and whether to show certain notifications which might only be valid to subscribed/unsubscribed users. Third Party Cookies In some special cases, we also use cookies provided by trusted third parties. The following section details which third party cookies you might encounter through this site. This site uses Google Analytics which is one of the most widespread and trusted analytics solution on the web for helping us to understand how you use the site and ways that we can improve your experience. These cookies may track things such as how long you spend on the site and the pages that you visit so we can continue to produce engaging content. For more information on Google Analytics cookies, see the official Google Analytics page. More Information Hopefully, that has clarified things for you and as was previously mentioned if there is something that you aren't sure whether you need or not it's usually safer to leave cookies enabled in case it does interact with one of the features you use on our site. However, if you are still looking for more information then you can contact us through one of our preferred contact methods: Email: info@wer-cannabists.com
Privacy Policy of www.wer-cannabists.com This Application collects some Personal Data from its Users. Owner and Data Controller Cannabists Medical Group Ltd. 48 Stella Maris Street, SLM1765, Sliema, Malta Owner contact email: info@wer-cannabists.com Types of Data collected Among the types of Personal Data that this Application collects, by itself or through third parties, there are: Cookies, Usage Data, first name, last name, date of birth, address, country, email address and ZIP/Postal code. Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection. Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Application. Unless specified otherwise, all Data requested by this Application is mandatory and failure to provide this Data may make it impossible for this Application to provide its services. In cases where this Application specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service. Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner. Any use of Cookies – or of other tracking tools – by this Application or by the owners of third-party services used by this Application serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy, if available. Users are responsible for any third-party Personal Data obtained, published or shared through this Application and confirm that they have the third party's consent to provide the Data to the Owner. Mode and place of processing the Data Methods of processing The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data. The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Application (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time. Legal basis of processing The Owner may process Personal Data relating to Users if one of the following applies: Users have given their consent for one or more specific purposes. Note: Under some legislations the Owner may be allowed to process Personal Data until the User objects to such processing (“opt-out”), without having to rely on consent or any other of the following legal bases. This, however, does not apply, whenever the processing of Personal Data is subject to European data protection law; provision of Data is necessary for the performance of an agreement with the User and/or for any pre-contractual obligations thereof; processing is necessary for compliance with a legal obligation to which the Owner is subject; processing is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Owner; processing is necessary for the purposes of the legitimate interests pursued by the Owner or by a third party. In any case, the Owner will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract. Place The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located. Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data. Users are also entitled to learn about the legal basis of Data transfers to a country outside the European Union or to any international organization governed by public international law or set up by two or more countries, such as the UN, and about the security measures taken by the Owner to safeguard their Data. If any such transfer takes place, Users can find out more by checking the relevant sections of this document or inquire with the Owner using the information provided in the contact section. Retention time Personal Data shall be processed and stored for as long as required by the purpose they have been collected for. Therefore: Personal Data collected for purposes related to the performance of a contract between the Owner and the User shall be retained until such contract has been fully performed. Personal Data collected for the purposes of the Owner’s legitimate interests shall be retained as long as needed to fulfill such purposes. Users may find specific information regarding the legitimate interests pursued by the Owner within the relevant sections of this document or by contacting the Owner. The Owner may be allowed to retain Personal Data for a longer period whenever the User has given consent to such processing, as long as such consent is not withdrawn. Furthermore, the Owner may be obliged to retain Personal Data for a longer period whenever required to do so for the performance of a legal obligation or upon order of an authority. Once the retention period expires, Personal Data shall be deleted. Therefore, the right to access, the right to erasure, the right to rectification and the right to data portability cannot be enforced after expiration of the retention period. The purposes of processing The Data concerning the User is collected to allow the Owner to provide its Services, as well as for the following purposes: Analytics and Contacting the User. Users can find further detailed information about such purposes of processing and about the specific Personal Data used for each purpose in the respective sections of this document. Detailed information on the processing of Personal Data Personal Data is collected for the following purposes and using the following services: Analytics The services contained in this section enable the Owner to monitor and analyze web traffic and can be used to keep track of User behavior. Google Analytics (Google Inc.) Google Analytics is a web analysis service provided by Google Inc. (“Google”). Google utilizes the Data collected to track and examine the use of this Application, to prepare reports on its activities and share them with other Google services. Google may use the Data collected to contextualize and personalize the ads of its own advertising network. Personal Data collected: Cookies and Usage Data. Place of processing: United States – Privacy Policy – Opt Out. Privacy Shield participant. Contacting the User Contact form (this Application) By filling in the contact form with their Data, the User authorizes this Application to use these details to reply to requests for information, quotes or any other kind of request as indicated by the form’s header. Personal Data collected: address, country, date of birth, email address, first name, last name and ZIP/Postal code. Mailing list or newsletter (this Application) By registering on the mailing list or for the newsletter, the User’s email address will be added to the contact list of those who may receive email messages containing information of commercial or promotional nature concerning this Application. Your email address might also be added to this list as a result of signing up to this Application or after making a purchase. Personal Data collected: Cookies, country, date of birth, email address, first name and last name. The rights of Users Users may exercise certain rights regarding their Data processed by the Owner. In particular, Users have the right to do the following: Withdraw their consent at any time.Users have the right to withdraw consent where they have previously given their consent to the processing of their Personal Data. Object to processing of their Data.Users have the right to object to the processing of their Data if the processing is carried out on a legal basis other than consent. Further details are provided in the dedicated section below. Access their Data.Users have the right to learn if Data is being processed by the Owner, obtain disclosure regarding certain aspects of the processing and obtain a copy of the Data undergoing processing. Verify and seek rectification.Users have the right to verify the accuracy of their Data and ask for it to be updated or corrected. Restrict the processing of their Data.Users have the right, under certain circumstances, to restrict the processing of their Data. In this case, the Owner will not process their Data for any purpose other than storing it. Have their Personal Data deleted or otherwise removed.Users have the right, under certain circumstances, to obtain the erasure of their Data from the Owner. Receive their Data and have it transferred to another controller.Users have the right to receive their Data in a structured, commonly used and machine readable format and, if technically feasible, to have it transmitted to another controller without any hindrance. This provision is applicable provided that the Data is processed by automated means and that the processing is based on the User's consent, on a contract which the User is part of or on pre-contractual obligations thereof. Lodge a complaint.Users have the right to bring a claim before their competent data protection authority. Details about the right to object to processing Where Personal Data is processed for a public interest, in the exercise of an official authority vested in the Owner or for the purposes of the legitimate interests pursued by the Owner, Users may object to such processing by providing a ground related to their particular situation to justify the objection. Users must know that, however, should their Personal Data be processed for direct marketing purposes, they can object to that processing at any time without providing any justification. To learn, whether the Owner is processing Personal Data for direct marketing purposes, Users may refer to the relevant sections of this document. How to exercise these rights Any requests to exercise User rights can be directed to the Owner through the contact details provided in this document. These requests can be exercised free of charge and will be addressed by the Owner as early as possible and always within one month. Additional information about Data collection and processing Legal action The User's Personal Data may be used for legal purposes by the Owner in Court or in the stages leading to possible legal action arising from improper use of this Application or the related Services. The User declares to be aware that the Owner may be required to reveal personal data upon request of public authorities. Additional information about User's Personal Data In addition to the information contained in this privacy policy, this Application may provide the User with additional and contextual information concerning particular Services or the collection and processing of Personal Data upon request. System logs and maintenance For operation and maintenance purposes, this Application and any third-party services may collect files that record interaction with this Application (System logs) use other Personal Data (such as the IP Address) for this purpose. Information not contained in this policy More details concerning the collection or processing of Personal Data may be requested from the Owner at any time. Please see the contact information at the beginning of this document. How “Do Not Track” requests are handled This Application does not support “Do Not Track” requests. To determine whether any of the third-party services it uses honor the “Do Not Track” requests, please read their privacy policies. Changes to this privacy policy The Owner reserves the right to make changes to this privacy policy at any time by giving notice to its Users on this page and possibly within this Application and/or - as far as technically and legally feasible - sending a notice to Users via any contact information available to the Owner. It is strongly recommended to check this page often, referring to the date of the last modification listed at the bottom. Should the changes affect processing activities performed on the basis of the User’s consent, the Owner shall collect new consent from the User, where required. Definitions and legal references Personal Data (or Data) Any information that directly, indirectly, or in connection with other information — including a personal identification number — allows for the identification or identifiability of a natural person. Usage Data Information collected automatically through this Application (or third-party services employed in this Application), which can include: the IP addresses or domain names of the computers utilized by the Users who use this Application, the URI addresses (Uniform Resource Identifier), the time of the request, the method utilized to submit the request to the server, the size of the file received in response, the numerical code indicating the status of the server's answer (successful outcome, error, etc.), the country of origin, the features of the browser and the operating system utilized by the User, the various time details per visit (e.g., the time spent on each page within the Application) and the details about the path followed within the Application with special reference to the sequence of pages visited, and other parameters about the device operating system and/or the User's IT environment. User The individual using this Application who, unless otherwise specified, coincides with the Data Subject. Data Subject The natural person to whom the Personal Data refers. Data Processor (or Data Supervisor) The natural or legal person, public authority, agency or other body which processes Personal Data on behalf of the Controller, as described in this privacy policy. Data Controller (or Owner) The natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of Personal Data, including the security measures concerning the operation and use of this Application. The Data Controller, unless otherwise specified, is the Owner of this Application. This Application The means by which the Personal Data of the User is collected and processed. Service The service provided by this Application as described in the relative terms (if available) and on this site/application. European Union (or EU) Unless otherwise specified, all references made within this document to the European Union include all current member states to the European Union and the European Economic Area. Cookies Small sets of data stored in the User's device. Legal information This privacy statement has been prepared based on provisions of multiple legislations, including Art. 13/14 of Regulation (EU) 2016/679 (General Data Protection Regulation). This privacy policy relates solely to this Application, if not stated otherwise within this document. Latest update: July 31, 2018